Francis Jancik v. Redbox Automated Retail LLC, Verizon and Redbox Digital Entertainment Services LLC
Published: Jun. 7, 2014 | Result Date: May 14, 2014 | Filing Date: Jan. 1, 1900 |Case number: 8:13-cv-01387-DOC-RNB Bench Decision – Dismissal in part
Court
USDC Central
Attorneys
Plaintiff
Stanley D. Saltzman
(Marlin & Saltzman LLP)
Christina A. Humphrey
(Christina Humphrey Law, PC)
Leslie H. Joyner
(Schneider, Wallace, Cottrell & Konecky LLP)
Defendant
Julie E. Schwartz
(Perkins Coie LLP)
David F. McDowell Jr.
(Morrison & Foerster LLP)
Dale K. Larson
(Strumwasser & Woocher LLP)
Facts
Francis Jancik sued Redbox Automated Retail LLC, which owns and operates rental kiosks and retail chains, and Redbox Digital Entertainment Services, LLC, which owns and operates an online streaming video rental service.
Contentions
PLAINTIFF'S CONTENTIONS:
Jancik, a deaf individual who rented videos from Redbox's Automated kiosks, alleged that Redbox Automated and Redbox Digital violated disability laws by failing to provide closed captioning on its DVDs and streaming videos. Jancik also alleged that both defendants falsely labeled closed-captioned DVDs and streaming videos.
Jancik asserted causes of action for violations of the Americans with Disabilities Act, California's Unruh Act, California's Disabled Persons Act, California's Consumer Legal Remedies Act, California's False Advertising Law, and California's Unfair Competition Law.
DEFENDANT'S CONTENTIONS:
Redbox moved to dismiss Jancik's claims, arguing that he had failed to set forth facts which would entitle him to relief.
Result
The court partially granted Redbox Automated's Motion to Dismiss, dismissing two theories alleged under the ADA, Unruh and DPA claims. The court also dismissed all of Jancik's claims against Redbox Digital, concluding that the Internet is not a place of public accommodation.
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